Court of Appeals Decision List
Decided October 14, 2004
Cases
In the Matter of Henry R. Bauer, Judge of the Troy City Court, Rensselaer County. Petitioner, For Review of a Determination of State Commission on Judicial Conduct, Respondent.	Determined sanction accepted, without costs, and Henry R. Bauer removed from the office of Judge of the Troy City Court, Rensselaer County. Opinion Per Curiam. Chief Judge Kaye and Judges G.B. Smith, Ciparick and Rosenblatt concur. Judge Read dissents in an opinion in which Judge Graffeo concurs. Judge R.S. Smith dissents in a separate opinion.
Carvel Corporation, Appellant, v. Elizabeth A. Noonan, et al., Respondents, et al., Defendants, et al., Special Masters.	Following certification of questions by the United States Court of Appeals for the Second Circuit and acceptance of the questions by this Court pursuant to section 500.17 of the Rules of Practice of the New York State Court of Appeals, and after hearing argument by counsel for the parties and consideration of the briefs and the record submitted, certified question no. 1 answered in the negative and certified question no. 2 not answered upon the ground that it has been rendered academic. Opinion by Judge R.S. Smith. Judges G.B. Smith, Rosenblatt and Read concur. Judge Graffeo concurs in result in an opinion in which Judge Ciparick concurs. Chief Judge Kaye took no part.
In the Matter of Catherine G., Individually and as Parent and Guardian of Brittany G. et al., Infants, Appellants-Respondents, v. County of Essex et al., Respondents-Appellants, Lake Placid Central School District, et al., Respondents-Appellants, Crisis Center of Clinton, Essex and Franklin Counties, Inc. et al., Respondents.	Order modified, with costs to respondents- appellants, by denying the application to file a late notice of claim on behalf of Brittany G. and, as so modified, affirmed. Opinion by Judge Rosenblatt. Chief Judge Kaye and Judges Smith, Ciparick, Graffeo, Read and Smith concur.
In the Matter of Richard A. Gross, et al., Respondents, v. Albany County Board of Elections, Respondent, and William M. Hoblock et al., Appellants. (And Another Related Proceeding.)	Order affirmed, without costs. Opinion Per Curiam. Chief Judge Kaye and Judges G.B. Smith, Ciparick, Graffeo and Read concur. Judge Rosenblatt dissents in an opinion in which Judge R.S. Smith concurs.
The People &c., Respondent, v. Rene Valencia, Appellant.	Order affirmed, in a memorandum. Chief Judge Kaye and Judges Smith, Ciparick, Rosenblatt, Graffeo, Read and Smith concur.
Motions
Kenneth M. Ahigian, as Administrator of the Estate of Desmond Y. Ahigian, Deceased, Appellant, v. Kaitlin Davis et al., Respondents. (Action No. 1) --------------------------------- Sean M. Kelleher, an Infant, by Julie Kelleher et al., &c., et al., Appellants, v. Kaitlin Davis et al., Respondents. (Action No. 2) --------------------------------- Wendy Larmon, as Administrator of the Estate of Patricia M. Myers, Deceased, Appellant, v. Kaitlin Davis et al., Respondents. (Action No. 3)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Richard Aiken, Appellant.	Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
In the Matter of Juan Manuel Ortiz Alvear, Appellant, v. William Phillips, &c., Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
In the Matter of Annette B. (Anonymous). Orange County Department of Social Services, Respondent, Joseph B. (Anonymous), Appellant.	Motion for appointment of Susan M. Damplo, Esq., 23 Old Sprain Road, Ardsley, NY 10502-2017, as law guardian for Annette B. on the appeal herein granted.
The People &c. ex rel. Trevor Brown, Appellant, v. Kenneth S. Perlman, Superinten- dent, Mohawk Correctional Facility, Respondent.	Motion for leave to appeal denied.
Freddie Bush, Respondent, v. The Goodyear Tire & Rubber Company, et al., Defendants, Blockbuster Inc., Appellant.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Antwane Carlisle, Appellant, v. Glenn S. Goord, &c., Respondent.	Motion for leave to appeal dismissed as untimely (see, CPLR 5513[b]).
Joseph Cerabono, Appellant, v. Deanna Price, Respondent.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
In the Matter of Jason A. Chabot, Appellant, v. Lisa A. Chabot, Respondent.	Motion for leave to appeal dismissed upon the ground that appellant is not a party aggrieved (see, CPLR 5511).
The City of New York, Respondent, v. Verizon New York, Inc., et al., Appellants.	Motion by Time Warner Cable of New York City for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Lamont D. Commissioner of Mental Health, Respondent; Lamont D., Appellant.	Motion for leave to appeal denied.
The People &c., Respondent, v. Dong V. Dao, Appellant.	Motion for leave to appeal denied.
Richard B. DiGuglielmo, et al., Appellants, William L. Campbell, Intervenor-Plaintiff, v. Travelers Property Casualty et al., Defendants, Hartford Fire Insurance Company, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Robert Escalera, Appellant, v. Alan G. Hevesi, &c., Respondent. (Proceeding No. 1) --------------------------------- In the Matter of Michael W. Downey, Appellant, v. Alan G. Hevesi, &c., Respondent. (Proceeding No. 2) --------------------------------- In the Matter of Javier L. Corona, Appellant, v. Alan G. Hevesi, &c., Respondent. (Proceeding No. 3)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Pamela S. Ferraioli, by Adele B. Suslak, &c., Appellant, v. Jose E. Ferraioli, Defendant. --------------------------------- Morrison Cohen Singer & Weinstein, LLP, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Robert Fleming, et al., Appellants, v. Rudolph W. Giuliani, &c., et al., Respondents.	Motion by Lieutenants Benevolent Association of the City of New York for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c., Respondent, v. Paul Garcia, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
H. David Goff, Appellant, v. Stephen E. Paul, M.D., Respondent, et al., Defendant. (Appeal No. 1) --------------------------------- H. David Goff, Appellant, v. Stephen E. Paul, M.D., Defendant, Guthrie Clinic, Ltd., Respondent. (Appeal No. 2)	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
The People &c., Respondent, v. Jethro Gosdin, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.
Jody A. Hallett, Appellant, v. The City of Ithaca, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
In the Matter of Daniel Jones, Appellant, v. New York State Division of Parole, &c., Respondent.	Motion for leave to appeal denied. Motion for poor person relief dismissed as academic.
David Lang, Appellant, v. Hanover Insurance Company et al., Respondents.	Motion by CCC Insurance Company, Ltd. et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
A. Lichter, Respondent, v. 349 Amsterdam Avenue Corporation, et al., Appellants.	Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Amy Link, Appellant, v. William Link, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Louise Maiello et al., Appellants, v. Eastchester Union Free School District, Respondent.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Donna McGrath, et al., Respondents, v. Toys "R" Us, Inc., Appellant.	Motion by New York County Lawyers' Association for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
Donna McGrath, et al., Respondents, v. Toys "R" Us, Inc., Appellant.	Motion by City of New York for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
Donna McGrath, et al., Respondents, v. Toys "R" Us, Inc., Appellant.	Motion by Anti-Discrimination Center of Metro New York, Inc., et al. for leave to file a brief amici curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed.
New York Hospital Medical Center of Queens, &c., et al., Plaintiffs, St. Luke's Roosevelt Hospital, &c., et al., Respondents, v. New York Central Mutual Fire Insurance Company, Appellant.	Motion for leave to appeal denied with one hundred dollars costs and necessary reproduction disbursements.
Penn Traffic Company, Inc., Appellant, v. Camillus Commons, LLC, Respondent.	Motion for leave to appeal denied.
In the Matter of Debra Phillips, Respondent, v. Kenneth Laland, Appellant.	Motion for leave to appeal denied.
In the Matter of Ariel PP., Alleged to be a Permanently Neglected Child. Otsego County Department of Social Services, Respondent; Theresa QQ., Appellant.	Motion for leave to appeal denied.
Quantum Corporate Funding, Ltd., Respondent, v. Westway Industries, Inc., Defendant, United States Fidelity and Guaranty Company, Appellant.	Motion by Subcontractors Trade Association, Inc. for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Twenty copies of the brief may be filed and three copies served within 10 days.
The People &c., Respondent, v. Stephen G. Schulz, Appellant.	Motion for assignment of counsel granted and William E. Hellerstein, Esq., Second Look Program Clinic, Brooklyn Law School, 250 Joralemon Street, Brooklyn, NY 11201 assigned as counsel to the appellant on the appeal herein.
C. William Sexstone, Respondent, v. Angela Barbara Amato, Appellant.	Motion for leave to appeal denied.
In the Matter of Paul Smith and Janet Smith, Appellants, v. Town of Mendon, Planning Board of Town of Mendon, and Richard Burgwardt, in his official capacity as Chairman of Town of Mendon Planning Board, Respondents.	Motion by Eliot Spitzer, Attorney General, State of New York, for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed.
In the Matter of Paul Smith and Janet Smith, Appellants, v. Town of Mendon, Planning Board of Town of Mendon, and Richard Burgwardt, in his official capacity as Chairman of Town of Mendon Planning Board, Respondents.	Motion by Association of Towns of the State of New York, et al. for leave to file a brief amici curiae on the appeal herein granted and the proposed brief is accepted as filed.
The People &c. ex rel. John Trisvan, Appellant, v. Roy A. Girdich, as Superintendent of Upstate Correctional Facility, Respondent.	On the Court's own motion, appeal dismissed, without costs, upon the ground that no appeal lies as of right from the unanimous order of the Appellate Division absent the direct involvement of a substantial constitutional question (CPLR 5601). Motion for poor person relief dismissed as academic.
U.S. Underwriters Insurance Company, Respondent-Appellant, v. City Club Hotel, LLC, Shelby Realty, LLC, Forthright Develop- ment, LLC, Metropolitan Hotels, LLC, Stephen Brighenti and Jonathan P. Zambetti, Appellants-Respondents, and Marek Szpakowski and Agnes Szpakowski, Respondents.	Motion by Complex Insurance Claims Litigation Association for leave to file a brief amicus curiae on consideration of the certified question herein granted and the proposed brief is accepted as filed. Twenty copies of the brief may be filed and three copies served within 10 days.
The People &c., Respondent, v. William Williams, Appellant.	Motion for an extension of the time within which to apply for permission to appeal pursuant to CPL 460.20 granted and motion papers treated as a timely CPL 460.20 application.